Five children of a deceased woman have filed suit against the Texas Department of Transportation and MD Johnson Tractor service, claiming their mother died of the personal injuries she suffered in a crash that occurred because high, uncut grass caused her to be unable to see oncoming traffic.
According to the suit filed on February 24 in Texas’ Jefferson County District Court, Hazel Marie Zapf was driving in Jefferson County on August 20 when she attempted to make a left turn at an intersection. But the suit says she could not see the road because of tall, uncut grass in the median owned by Texas DOT and maintained by MD Johnson.
As a result, Zapf was struck by oncoming traffic and died, according to the allegations of her children: Richard Zapf, Gary Angelle, Lowell Angelle, Barbara Rogers and Tricia Tooley.
Zapf’s children claim the crash caused her extreme pain, suffering and mental anguish before her death.
Zapf’s children also claim that her death caused them to incur funeral and burial costs and lose their mother’s care, maintenance, support, services, advice, counsel, contributions, love, affection, solace, comfort, companionship, society, emotional support, and happiness.
The suit alleges negligence on the part of the Texas DOT and MD Tractor for failure to provide proper maintenance to the premises, failure to warn, failure to correct the dangerous condition, and failure to supervise the premises.
Zapf’s children seek actual and special damages, plus costs.